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Appeal Court stops execution of judgment releasing Nnamdi Kanu

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Court remands man for allegedly stealing motorcycle

The Court of Appeal in Abuja on Friday stopped the execution of its judgment that quashed the terrorism charge and ordered the release of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.

Recall that the appellate court had on Oct. 13 delivered a judgment which faulted the rendition of Kanu from Kenya to Nigeria and also set aside the terrorism charges against him.

The federal government not satisfied with this judgment said that it would explore every legal avenue to quash the judgment of the appellate court and approached the Supreme Court.

The government after appealing the appellate court’s judgment, filed a stay of execution on the grounds that releasing Kanu would not be in the interest of national security.

After taking arguments from counsel, a three-member panel of justices led by Justice Haruna Tsammani on Monday reserved a ruling on the matter.

Delivering the ruling on Friday, Justice Tsammani held that the Federal Government’s application for a stay of execution had merit and ordered that the execution of the judgment be put on hold.

Justice Tsammani, in the brief ruling, held that the counter affidavit filed by Kanu’s legal team in opposition to the government’s application was misleading.

The judge said that Kanu’s counsel did not properly state the facts of the matter to warrant the court granting a stay of execution.

The court also ruled that the record of proceedings in respect of the Oct. 13 judgment be forwarded to the apex court within seven days to ensure an expeditious hearing.

The Federal Government had applied that the execution of the judgment is suspended pending the hearing and determination of its appeal at the Supreme Court.

The Supreme Court has, however, not fixed a date to hear the federal government’s appeal against the appellate court’s ruling that discharged Kanu and quashed the terrorism charge against him.

Appeal Court stops execution of judgment releasing Nnamdi Kanu
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Judiciary

Court discharges man accused of burning father’s house in Abuja

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Court discharges man accused of burning father’s house in Abuja

A Chief Magistrates’ Court in Bassa, Abuja, on Friday discharged a 28-year-old man, Hamza Azizz, who was accused of setting his father’s house on fire in Bassa Village.

The Chief Magistrate, Abdulrazaq Eneye, released the defendant after he had spent three weeks at the Kuje Correctional Center.

Eneye also ordered Azizz to undergo counselling and warned him against committing similar offences in the future.

“The court can now discharge you into society after assessing your mental state through the correctional center,” the magistrate ruled.

Azizz expressed remorse for his actions, pleaded for leniency, and vowed to stay away from drugs.

The prosecution counsel, Mr  A. Aliyu, told the court that the defendant had poured kerosene on his father’s body before also dousing the house with kerosene and setting it ablaze.

The father later reported the incident to the police in Bassa Village.

Azizz was charged with mischief and criminal intimidation, offences that contravene Sections 327 and 397 of the Penal Code.

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Judiciary

Nnamdi Kanu apologises over attacks on judge, others

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Nnamdi Kanu apologises over attacks on judge, others

Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Friday, tendered an apology over his recent attacks on the Federal High Court and Justice Binta Nyako.

Kanu, through his new counsel and former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi, SAN, also apologised to the Federal Government’s lawyer, Chief Awomolo, SAN.

The IPOB leader equally apologised to his team of lawyers earlier led by Aloy Ejimakor for also attacking them while before Justice Nyako.

Kanu tendered the apology through his lead counsel, Chief Agabi, before Justice James Omotosho, the new trial judge.

Upon resumed trial, Agabi sought the court’s permission to deliver a message on Kanu’s behalf.

He said he had already discussed the development with the lawyer to the prosecution and Justice Omotosho granted the application.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had fixed March 21 for the trial of Kanu.

The judge fixed the date after the case file was transferred to him.

Kanu, who was brought back to the country in June 2021 from Kenya, was expected to take his plea as the case begins afresh (de novo).

NAN reports that the Chief Judge (CJ) of FHC, Justice John Tsoho, had, in a letter dated March 4 and addressed to Kanu’s lead counsel, Mr Aloy Ejimakor, communicated the re-assignment of the case from Justice Binta Nyako to Justice Omotosho.

The re-assignment followed the demand by Kanu and his team of lawyers for the transfer of the seven-count terrorism charge to another judge, after alleging bias.

Justice Nyako, on Sept. 24, 2024, withdrew from the case and sent the case file to the CJ of FHC for re-assignment.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

However, the CJ sent Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.

But Kanu and Ejimakor, on Feb. 10, insisted that Justice Nyako no longer had jurisdiction to preside over the case after her recusal (withdrawal) from the matter, prompting the judge to adjourned the case indefinitely (sine die).

NAN reports that Justice Ahmed Mohammed (who has been elevated to Appeal Court) and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

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Headlines

Supreme Court nullifies Rivers LG elections

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Supreme Court

The Supreme Court on Friday, nullified the Local Government election in Rivers State, which was conducted on Oct. 5, 2024.

A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.

Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.

Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.

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